Global Legal Pluralism and Conflict of Laws

Oxford Handbook of Global Legal Pluralism (Forthcoming)

Duke Law School Public Law & Legal Theory Series No. 2019-32

20 Pages Posted: 15 May 2019 Last revised: 5 Jul 2019

See all articles by Ralf Michaels

Ralf Michaels

Max Planck Institute for Comparative and International Private Law

Date Written: May 14, 2019

Abstract

Global legal pluralism makes three claims about law:

1) law includes both state law and non-state law;

2) there is a plurality of laws;

3) laws overlap and interact in certain ways.

Among these, the third one is the most difficult one and at the same time the one least theorized. Pluralists lack the instruments to deal with them. The main reason is that they, with rare exceptions, ignore conflict of laws as the discipline that deals with such overlaps and interactions. As a consequence, discussions have stalled: Global legal pluralism is widely accepted as a helpful description of law in the world, but because a more precise conceptualization and theorization is lacking, that description has little impact for further analysis.

This chapter, forthcoming in the Oxford Handbook of Global Legal Pluralism, introduces conflict of laws as a technique and as a discipline to scholars of global pluralists. And it makes the case for why conflict of laws is the adequate discipline, doctrinally and epistemologically, to deal with overlaps and interactions of laws in Global Legal Pluralism. Conflict of laws is superior to other techniques of dealing with diversity due to its experience. Moreover, it is superior to other epistemologies due to a number of its characteristics, in particular its decentralized nature, its technical character, and its ethical position. Scholars working in global legal pluralism would do well to engage with it in a more comprehensive fashion.

Keywords: conflict of laws, law and globalization, legal theory, legal pluralism

Suggested Citation

Michaels, Ralf, Global Legal Pluralism and Conflict of Laws (May 14, 2019). Oxford Handbook of Global Legal Pluralism (Forthcoming); Duke Law School Public Law & Legal Theory Series No. 2019-32. Available at SSRN: https://ssrn.com/abstract=3388146 or http://dx.doi.org/10.2139/ssrn.3388146

Ralf Michaels (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
147
Abstract Views
629
rank
212,547
PlumX Metrics